Novatio in Turkish law

The concept of "renewal", which is one of the reasons ending the debt in Turkish Law, is regulated in articles 133 and 134 of the Turkish Code of Obligations. This term was regulated as "tecdit(expromissio)" in Article 114 of the Old Turkish Code of Obligations and its roots are based on the term "novatio" in Roman Law. In shortest terms; it is expressed as the termination of the old debt by creating a new debt. The ongoing discussions about the legal nature and provision of renewal in today's law cause hesitations about the function of renewal. Therefore; In order to determine the position of the renewal in the law of obligations; In this study, first of all, the definition of the concept of renewal is made using the expressions, doctrine and established case law in the Turkish Code of Obligations; The history of it has been mentioned and the process of reaching the present day has been mentioned and the difference from similar legal institutions has been examined in order to avoid the conceptual confusion. Afterwards; the legal nature and legal reason of the renewal are explained and the necessary elements for its realization are discussed in detail. At this stage, the cases specifically regulated in the law regarding the prohibition of renewal presumption and the issue of renewal in current accounts were also examined. Finally, the provisions and consequences caused by the renewal were examined in detail and the appearance of the renewal in practice was mentioned. As a result of all these researches; In Turkish law, by making use of the Supreme Court decisions regarding debt renewal and the established case law, the importance of this institution in the legal literature has been tried to be conveyed and alternative solutions have been tried to be found for some missing aspects such as the renewal causing loss of rights in some cases.